ÌÇÐÄvlog¾«Æ·

The purpose of this policy is to outline the governance of Intellectual Property (IP) developed by employees and students of ÌÇÐÄvlog¾«Æ· Institute of Technology and Advanced Learning (Conestoga).

This policy applies to students and Conestoga employees, including students working as paid employees of Conestoga. When students conduct work as part of paid employment with Conestoga they are treated as employees for the purposes of this policy. 

This policy is in keeping with the IP provisions within applicable Conestoga collective bargaining agreements. Should any part of this policy conflict with a collective bargaining agreement, then the provisions of the collective bargaining agreement will prevail. Similarly, if any part of this policy conflicts with a signed agreement between any participating parties, the provisions of the signed agreement will prevail.

ÌÇÐÄvlog¾«Æ· maintains a glossary of terms specific to the institution. The ones in use for this document are defined below.

1. Intellectual Property Developed by Students 
1. IP created by a Conestoga student while engaging in academic activities (e.g., capstone projects, curriculum-based projects, etc.) is the property of the student. 
2. In the event the student working on a capstone project or curriculum-based project enters into an agreement with a partner before commencing the project, the ownership of IP arising from the collaboration shall be governed by the terms of the agreement. Conestoga is not a party to any negotiated agreements. Signed agreements will not limit the ability of a student to complete their academic requirements. 
2. Intellectual Property Developed by Conestoga Employees 
1. IP developed or authored by Conestoga employees within the scope of their employment or utilizing Conestoga resources, Conestoga proprietary information, data, material, Conestoga facilities, or that was commissioned by Conestoga, is the property of Conestoga unless a specific agreement is made to the contrary. 
2. When IP is developed on the initiative of a Conestoga employee outside the scope of their responsibilities at Conestoga and without the use of any Conestoga resources, Conestoga proprietary information, data, material, Conestoga facilities, or that was not commissioned by Conestoga, the IP is owned by the Conestoga employee. 
3. Where the IP bears a reasonable relationship to the employment responsibilities of a Conestoga employee, it will be the responsibility of the employee to show that the IP was developed entirely on their own initiative without the use of Conestoga resources, Conestoga proprietary information, data, material, Conestoga facilities, or that it was not commissioned by Conestoga. 
   
4. All Conestoga employee-developed IP with commercial potential should be disclosed by the Conestoga employee who created or authored that IP to the Conestoga Office of Research Services (ORS) in good faith and in a timely manner via the Intellectual Property Disclosure form found on the Researcher Portal. For guidance, consult with the ORS. This disclosure is not considered public disclosure. Disclosure must be made when it can be reasonably concluded that protectable subject matter has been created and sufficiently in advance of any public disclosure. 
5. Creators should be aware that public disclosure may result in loss of Intellectual Property Rights. This is especially true of Inventions, as a patent is difficult or impossible to obtain if public disclosure of the Invention has occurred. Care must therefore be taken to avoid premature public disclosure before a patent application has been filed. 
6. Conestoga employees must make all reasonable efforts to identify any employee-developed IP with commercial potential as early as possible and consult the ORS before making any public disclosure of such IP. 
7. Creators must also disclose to Conestoga any financial or other relationship that may affect the protection of such IP. 
8. Conestoga employees may utilize their professional methods and processes (e.g., a spreadsheet that calculates parameters for an equation, a method to evaluate the effectiveness of a clinical process) to investigate, resolve, or conduct research. These methods and processes are considered core knowledge and paramount to the work of the employee at Conestoga. Where the IP of such methods and processes is demonstrably owned by Conestoga or by Conestoga employees, then such items will not be defined as foreground or resulting IP from research or creative activities. 
9. Conestoga employees shall assist and execute any documentation which may be required by Conestoga to carry out the intent of this policy, including the execution of any assignment or consent agreements. 
3. Intellectual Property Pursuant to Third-Party Agreements
1. Ownership of IP arising from collaborations with third parties shall be governed by the terms of an agreement, which is negotiated and executed in advance and will specify the ownership of background and foreground IP, the nature of ownership, method of protection of IP, payment of royalties or fees, and other terms as applicable. 
2. If a Conestoga employee does not disclose the use of their previously developed IP (i.e., background IP) within a project with a partner, the Conestoga employee may be in contradiction of a signed agreement with the partner. 
4. Transfer of Ownership 
1. If Conestoga chooses not to pursue a patent, license, or copyright in projects where it has IP rights, Conestoga may enter into an agreement with the creator of the IP under which the creator may apply for patent or copyright. 
2. For IP owned by Conestoga, Conestoga may elect to transfer ownership to a third-party for appropriate compensation. 
3. Any agreement with the creator of the IP will specify the rights of Conestoga and the rights of the creator related to ownership, term of ownership, royalties and fees, and the responsibilities of each party to apply for IP protection and to protect the IP. Such agreement must be duly executed in writing. 
5. Acknowledgement of Conestoga 
1. Conestoga should be acknowledged as a contributor to all IP developed using Conestoga resources. 
6. Dispute Resolution 
1. Any dispute on the interpretation of this policy will be submitted to the Vice President of Research (VPR) in writing. The VPR may elect to form a committee to investigate the dispute and recommend a resolution. The decision of the VPR is final and binding on all parties.